Yampa Valley Electric Ass'n v. Telecky

specially concurring:

I agree with the majority’s conclusion that the court of appeals erroneously concluded that Instruction 20 properly states the law applicable in this case. I also concur in the conclusion that the trial court committed reversible error by tendering Instruction 20 to the jury. I write separately to emphasize my view that on retrial, the Yampa Valley Electrical Association, Inc. (“Yampa Valley”) is entitled to an instruction creating a rebuttable presumption that *259compliance with the National Electric Safety Code (“NESC”) constitutes conduct in conformity with the minimum…